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Canada Goods or Services

Bennett Jones LLP

A Clarified Approach to Exclusion Clauses in Contracts for Sale of Goods

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Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more

Stikeman Elliott LLP

Interpreting Exclusion Clauses in Contracts for the Sale of Goods: Important Guidance from the Supreme Court of Canada

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On May 31, 2024, the Supreme Court of Canada released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20 (“Pine Valley”), clarifying how contracting parties can exclude...more

Stikeman Elliott LLP

CITT Reverses CBSA’s Imposition of Anti-Dumping Duties on Goods Transshipped through a U.S. Foreign Trade Zone

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In the Sucro Can Sourcing LLC (“Sucro Can”) decision issued on January 5, 2024 (Appeal EA-2022-002), the Canadian International Trade Tribunal (“CITT”) allowed Sucro Can’s appeal of the enforcement action taken by the Canada...more

Stikeman Elliott LLP

Government of Canada Issues Key Guidance on Forced and Child Labour Reporting

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On December 20, 2023, the Government of Canada issued long-awaited guidance on reporting requirements (“Guidance”) under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (“the Act”)....more

Stikeman Elliott LLP

Canada Officially Jettisons the Hamburg Rules: Marine Liability Act Amended

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After two decades of consistent recommendations by Transport Canada, it appears that the Canadian Parliament has finally given up hope of implementing the Hamburg Rules as a new liability regime for the carriage of goods by...more

Stikeman Elliott LLP

Québec Consumer Protection Reforms Focus on Planned Obsolescence, Durability, Repairability and Maintenance of Goods

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The province of Québec recently enacted Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods. This legislation adds important new provisions on...more

Stikeman Elliott LLP

New GST/HST Notice on Services Provided by Insurance Intermediaries

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In July 2023, the Canada Revenue Agency (“CRA”) released GST/HST Notice 325 (the “Notice”) with respect to services provided by certain insurance intermediaries. The Notice essentially makes official the 180-degree turn the...more

Stikeman Elliott LLP

Federal Court of Appeal Confirms Tax Court of Canada’s Decision: Supply of Right to Place and Operate ATMs is a Taxable Supply

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On June 8, 2023, the Federal Court of Appeal upheld a Tax Court of Canada decision that, by allowing a supplier of Automated Teller Machines (“ATMs”) to place and operate ATMs throughout its casino resort, a casino operator...more

Stikeman Elliott LLP

Thumbs-Up Emoji Conveys Acceptance of Commercial Contract, Saskatchewan Court Rules, as Plaintiff Gets the Last LOL

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In South West Terminal Ltd. v. Achter Land & Cattle Ltd., 2023 SKKB 116, the King’s Bench for Saskatchewan (the “Court”) ruled that a “thumbs-up” emoji can convey acceptance of a contract. The ruling, which has garnered...more

Stikeman Elliott LLP

Don’t Miss Out! Competition Bureau Releases New Deceptive Marketing Guidance

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The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more

Smart & Biggar

Bill 96 and its impact on the French-language requirements in Québec

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The French language holds the status of official language in the province of Québec through the Charter of the French Language (RLRQ c C-11), thus making the use of the French language mandatory in all spheres of public life...more

Stikeman Elliott LLP

Canada Steps Up Sanctions on Russia and Belarus: Extractive Sector Services, Advanced Technology and Certain Media Entities Facing...

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In this post, we describe the many sanctions imposed by Canada on Russia and Belarus, and on certain Ukrainians who have supported them, since our previous update on June 22, 2022. ...more

Stikeman Elliott LLP

Importers Beware: Can You (Really) Act as Importer of Record?

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The Canada Border Services Agency’s (“CBSA”) official position is that only the “importer”, the “owner” of the goods, or a licensed customs broker acting on their behalf are authorized to account for commercial goods and be...more

Stikeman Elliott LLP

Bill 96 and the Charter of the French Language The Language of Business in Québec

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On June 1, 2022, Bill 96 received assent and officially became law. As a result, Québec’s Charter of the French Language (the “Charter”) underwent its first major transformation since it was passed in 1977. Highlighted below...more

Stikeman Elliott LLP

Canada’s 2022 Federal Budget: Commodity Tax Measures

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On April 7, 2022, the Government of Canada unveiled its 2022 federal budget (“Budget 2022”) and announced certain important commodity tax measures. Budget 2022 includes proposed amendments to past proposals, as well as some...more

The Volkov Law Group

United States, European Union, United Kingdom and Canada Coordinate Further Sanctions Against Belarus

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In an interesting announcement, the US, EU, UK and Canada implemented additional sanctions against Belarus.  The coordinated announcement reflected the Biden Administration’s diplomatic commitment to joint sanctions actions. ...more

Smart & Biggar

Bill 96 and proposed reforms to the Charter of the French language in Québec

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On May 13, 2021, the government of Québec introduced Bill 96 with an intent to “strengthen” the provisions in the Charter of the French language (the French Charter). We do not know whether Bill 96 will be adopted and, if so,...more

Smart & Biggar

French Language Requirements in Québec: Part 8 - The cost of violating the French language requirements in the province of Québec

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Important Notice: On May 13, 2021, the Québec government tabled Bill 96 which aims to better protect the French language in the Province of Québec. While the contents of our firm’s French Language Requirements in Québec...more

Smart & Biggar

Trademarks in 2020: Notable Canadian trademark cases and developments

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There were several notable trademark cases in Canada in 2020, including those addressing comparative advertising, depreciation of goodwill, brand parody, trademark ‘use’ in the absence of a brick-and-mortar location, and...more

Smart & Biggar

Federal Court of Appeal does not disturb lower court’s finding of 'use' for hotel services

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In a highly anticipated decision, the Federal Court of Appeal recently held that a trademark owner could demonstrate “use” of a trademark in Canada in association with “hotel services” in the absence of a brick-and-mortar...more

Smart & Biggar

French Language law in Canada: Part 2 – Inscriptions on products and accompanying documentation

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The French language holds status of official language in Québec through the Charter of the French Language (R.S.Q. c. C-11) (the French Charter). In a continued examination of the French language requirements for commerce and...more

Smart & Biggar

French language law in Canada: Part 1 - An introduction

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The Charter of the French language (R.S.Q. c. C-11) (the French Charter) was adopted in 1977 by the Québec government to protect the French language. The French Charter gives the French language the status of official...more

Shook, Hardy & Bacon L.L.P.

Hand Sanitizer: Pathways to Market in the U.S., Canada, Mexico, UK and Europe

The demand for hand sanitizer has risen so sharply during the COVID-19 pandemic that many companies have shifted their production to help meet the needs of governments, medical facilities, health care practitioners and...more

Bennett Jones LLP

B.C.'s Use of Extraordinary Powers and the Implications on Businesses in the Supply Chain

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On March 26, 2020, British Columbia Minister of Public Safety and Solicitor General, Mike Farnworth, issued the Local Authorities and Essential Goods and Supplies (COVID-19) Order pursuant to powers granted to him under the...more

International Lawyers Network

Harry and Meghan’s trade mark problem – third party jumps on the bandwagon and applies to register same mark in the EU to cover...

The Duke and Duchess of Sussex submitted a trade mark application with the World Intellectual Property Office last year to register “SUSSEX ROYAL” in the UK, EU, Australia, Canada and the US. The application covers a range of...more

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